| Is
Your Case Eligible in Small Claims Court? |
Small claims courts primarily resolve relatively small
monetary disputes (usually between $2,500 and $7,500, depending on the
state.
Common types of claims involve failure to repay a loan, fix a car or
appliance properly, or meet the terms of a service contract -- for
example, properly remodel a kitchen or install a new roof.
In a few states, small claims courts may also rule on a
limited range of other types of legal disputes, such as evictions or
requests for the return of an item of property (called
"restitution" in legal jargon). But no matter where you live,
you cannot use small claims court to file a divorce, guardianship, name
change or bankruptcy, or to ask for emergency relief, such as an
injunction to stop someone from doing an illegal act.
When it comes to disputes involving money, you can
usually file in small claims court based on any legal theory that is
allowed in any other court -- for example, breach of contract, personal
injury, intentional harm or breach of warranty. Thus if you buy an
expensive new "all weather tent" and it leaks the first time
you're out in a storm, you have the basics for a valid small claims suit
based on breach of warranty. However, a few states do limit or prohibit
a few types of cases from being filed in small claims court. Most likely
"no-no's" include suits based on libel, slander and false
arrest.
Finally, suits against the federal government, a federal
agency or even against a federal employee for actions relating to his or
her employment cannot be brought in small claims court. Suits against
the federal government normally must be filed in a federal District
Court or other federal court, such as Tax Court or the Court of Claims.
Unfortunately, there are no federal small claims procedures available
except in federal Tax Court.
This chart tells you how much you can sue for in your
state's small claims court.
Small Claims Court Limits for the 50 States
| State |
Dollar Limit |
| Alabama |
$3,000 |
| Alaska |
$7,500 |
| Arizona |
$2,500 (Small Claims Court); $5,000 (Regular Justice
Court) |
| Arkansas |
$5,000 |
| California |
$5,000 (A plaintiff may not file a claim over $2,500
more than twice a year. The limit for suits involving a
surety company or licensed contractor is $4,000.) |
| Colorado |
$5,000 |
| Connecticut |
$3,500 (no limit for landlord-tenant cases involving
security deposit claims) |
| Delaware |
$15,000 |
| District of Columbia |
$5,000 |
| Florida |
$5,000 |
| Georgia |
$15,000 |
| Hawaii |
$3,500 |
| Idaho |
$3,000 (will increase to $4,000 on January 1, 2001) |
| Illinois |
$5,000 (Small Claims); $1,500 (Cook County Pro Se
Branch) |
| Indiana |
$3,000 ($6,000 in Marion and Allen Counties) |
| Iowa |
$4,000 |
| Kansas |
$1,800 |
| Kentucky |
$1,500 |
| Louisiana |
$3,000 ($2,000 for movable property) |
| Maine |
$4,500 |
| Maryland |
$2,500 |
| Massachusetts |
$2,000 |
| Michigan |
$3,000 |
| Minnesota |
$7,500 |
| Mississippi |
$2,500 |
| Missouri |
$3,000 |
| Montana |
$3,000 |
| Nebraska |
$2,400 |
| Nevada |
$5,000 |
| New Hampshire |
$5,000 |
| New Jersey |
$2,000 (Small Claims Court); $10,000 (Special Civil
Part, Superior Court) |
| New Mexico |
$7,500 |
| New York |
$3,000 |
| North Carolina |
$4,000 |
| North Dakota |
$5,000 |
| Ohio |
$3,000 |
| Oklahoma |
$4,500 |
| Oregon |
$5,000 |
| Pennsylvania |
$8,000 (Small Claims); $10,000 (Philadelphia Municipal
Court) |
| Rhode Island |
$1,500 |
| South Carolina |
$7,500 |
| South Dakota |
$8,000 |
| Tennessee |
$15,000; $25,000 in Shelby and Anderson counties; no
limit in evictions or suits to recover personal
property) |
| Texas |
$5,000 |
| Utah |
$5,000 |
| Vermont |
$3,500 |
| Virginia |
$1,000 (Small Claims Court); $3,000 (General District
Court); $15,000 (Circuit Court); no limits on eviction
suits in General District Court |
| Washington |
$2,500 |
| West Virginia |
$5,000 |
| Wisconsin |
$5000 (no limit on eviction suits) |
| Wyoming |
$3,000 (Small Claims Court); $7,000 (County Circuit
Court) |
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